Lettre au Premier Ministre Stephen Harper

    Je joins ici la copie intégrale d'une lettre que j'ai fait parvenir aujourd`hui à notre Premier Ministre, Stephen Harper, et que je peux résumer simplement pour ceux qui ne lisent pas l'anglais: votre gouvernement a t-il l`intention soit a) d`étudier l`impact qu`a la technologie de communication moderne sur la présomption d`innocence d`un accusé et son droit à un procès équitable ou b) de légiférer à ce sujet (afin d`empêcher une presse fauve de ruiner ces droits en sur-médiatisant la moindre mise en accusation)?
  En espérant recevoir une réponse... 

 Malthus



Dear M Harper,

First, allow me to congratulate you on winning your recent election. I voted for you and even though the NDP won in my riding- Laurier-Ste-Marie- I am pleased with the overall results which should allow you to govern unimpeded for the next 4 years.
I am writing to you today because I am growing increasingly concerned with an issue pertaining to fundamental, constitutional rights- namely, the presumption of innocence and the right to a fair trial. More specifically, the presumption of innocence with regards to (alleged) sexual offenses such as rape, statutory rape, sexual assault, sexual misconduct, indecent exposure, child pornography, pedophilia, etc... and any violent crimes commited against children.
In recent years, Canadians have become increasingly intolerant of these types of crime and much less inclined to forgive the parties involved whether they are found guilty or not . For the guilty, harsher, automatic sentences are now the norm, public awareness is at an all-time high when they are released, law enforcement agencies keep track of them - that is all good and fine. Canada should never be seen as soft and/or lenient with these violent criminals.
My concern, M Prime Minister, is not so much about how harshly we treat or condemn guilty parties but rather about how current intolerance for these crimes and society's ever sharper technologies combine in eroding to the point of dissappearance the presumption of innocence of the accused. With the rise of social networks such as facebook, myspace, twitter and the likes; 24 hrs newscasts, intelligent phones that instantly connects its user to the above and lightspeed communications available in just about every home, no matter how remote, it is now virtually impossible for an accused not to fall into public eye... and its near automatic, knee-jerk condemnation.
In the last year alone, here in Québec, numerous cases of false accusations paired to intense media attention have wrecked men`s lives perhaps forever (Yohann Dumas and Henri Fournier, most notably; death threats were even issued to M Fournier because everyone knew who he was and was he was being accused of- all false, it turned out) while others have gotten so much media coverage prior to trial (cardiologist Guy Turcotte, for example) and with such a spread of personal details it is highly doubtful, at least in my mind, that the selected jury was fair and unbiased before his (ongoing) trial even started. Another ongoing case, that of author Maxime Roussy accused of sexual assault on one of is teenage fan, has received so much media attention, complete with full blown picture, bio, dates, location and "comments" by the peanut gallery (people wo have absolutely noting to do with the facts related to the case or its investigation), it is again highly doubtful M Roussy`s right to a fair trial even exists anymore.
There is increasing evidence that it will become more and more difficult to find juries who have not heard of a case prior to trial and, given the aforementioned growing intolerance and outrage regarding sex crimes and crimes committed against children, find juries who do not hold some views about the case and/or the accused before having heard any of the facts pertaining to the case. The information age, in short, poses a great threat to the right to a fair trial and the presumption of innocence- both of which are cornerstones of constitutional due process.
I personally fear this trend where, because of mass media frenzy bordering in some cases on voyeurism, merely being accused of something spells out instant punitive retribution from the mob (loss of job and contracts, insults and death threats, smear campaigns and hate mail- all because the media plaster your face and data all over the place) and your fundamental rights are shaken to the core because everyone in your trial already has plenty of "infos" on your case, you, your life, your family and what-not.
My question to you, M Prime Minister, is the following: does the Conservative Party of Canada entertain any intention to either a) study the impact of modern communication technology on due process or b) legislate on this matter? Is it conceivable to your government that, in order to protect the constitutional right of a citizen to a fair trial and insure one's presumption of innocence, both in court AND in society, that some sort of journalistic gag law could be passed to protect the identity of an accused until- and only until- said accused is found guilty (at which point all information could and should be released to the general public) ?
I hope you will give these questions, and the topic they pertain to, the consideration they deserve for in a society governed by the rule of Law, nothing is more important than to insure said Law , and the spirit in which it was laid down, does not fall prey to trends, technology or laissez-faire.
Thank you for your time and again, congratulations on your recent win
Martin Malthus
Montréal, Québec, Canada